Unfair and Constructive Dismissal

Unfair Dismissal

Employees who have been employed for 2 years can only be dismissed for one of five potentially fair reasons:

Capability

Misconduct

Redundancy

Illegality

Some Other Substantial Reason

If your dismissal is for a reason that is not one of those listed above, or your employer does not follow a fair process, then you may have a claim for unfair dismissal, and be entitled to compensation.

ENQUIRE ONLINE for no obligation advice on making an unfair or constructive dismissal claim.

There are some limited exceptions for employees who have been employed for less than 2 years, such as if you are dismissed because you have made a protected disclosure (more commonly known as whistleblowing) or if your dismissal was due to discrimination but generally, if you are dismissed before you reach the 2 year mark, you will not be able to claim unfair dismissal.

How much could I win?

If successful with a claim for unfair dismissal, you can receive a Basic Award of up to £14,670 depending on your age, length of service and gross weekly pay. In addition you could receive a Compensatory Award of up to 12 months pay (subject to a cap of £80,541.

Constructive Dismissal

This is where you resign in response to your employer’s actions (or lack of action in some cases). It is not enough to simply be unhappy at something your employer has done, it has to be a fundamental breach of your contract of employment such as not paying your wages, or that they have acted in a way that would destroy your trust and confidence in them as your employer.

It should be seen as a last resort and so you should ideally go through your employer’s internal grievance process in full before resigning.

How long do I have to make a claim?

You will have 3 months less one day from the date that you are dismissed or resign to register your claim with ACAS for Early Conciliation. If you are still not able to resolve matters then ACAS will issue a certificate and you will have to then submit a claim to the Employment Tribunal.

How much will it cost?

There are now fees payable to the Tribunal Service. When you submit a claim to the Employment Tribunal there is a fee of £250 for an unfair dismissal claim. In addition, there is a hearing fee to pay, payable one month before the date of a final hearing, of £950. If you are in receipt of certain benefits or on a low income, you can apply for a full or partial reduction in these fees.

In terms of our fees, we offer a range of different funding options, which can include no-win, no-fee. Please see our page on the different funding options for more information.

Funding your unfair dismissal claim

There are a number of different funding types in place which can be used to pay for the work we provide on unfair dismissals. Please click the button below to find out more information about the funding types available.